Chapter 1301:8-10 Rules Relating to Credit Counseling Services

(A)
Counseling
services meeting the following criteria are authorized by the superintendent of
financial institutions to provide prepurchase counseling to consumers as may be
required by section 1349.27 of the Revised
Code:

(1)
Counseling services certified by the secretary of the United States department
of housing and urban development (HUD) pursuant to
12 U.S.C.
1701x(e) , as in effect on
November 19, 2013, and that appear on the list maintained by HUD or the bureau
of consumer financial protection pursuant to
12 CFR
1024.20(a)(1) , as in effect
on January 10, 2014; or

(2)
Any not-for-profit credit counseling service approved
by an agency of the federal government to perform housing or credit
counseling.

(B)
A counseling service that meets the requirements in
paragraph (A) of this rule shall not provide prepurchase counseling in the same
transaction in which it directly or indirectly makes or brokers a covered loan
regardless of whether it does so as a registrant or pursuant to any exemption
in Chapters 1321. and 1322. of the Revised Code, including, but not limited to,
the nonprofit organization exemption.

(C)
All authorized
counseling services shall register and maintain registration to conduct
business in Ohio with the Ohio secretary of state and shall comply with any
applicable requirement of sections
4712.01 to
4712.14 of the Revised Code (the
credit services organization act) and sections
4710.01 to
4710.04 of the Revised Code (the
debt adjusting act). Notwithstanding the foregoing, nothing herein shall affect
the authority of a court in this state from enjoining a person or entity from
providing these services where such remedy is appropriate under law or
equity.